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The woman who is accused of the murder of Neligh native Sydney Loofe appeared for her arraignment Monday morning, but did not enter a plea.
Instead, the judge stated that her attorney Todd Lancaster had filed a motion, challenging that the "death penalty is unconstitutional." State prosecutor Sandra Allen of the Nebraska State Attorney General's office recently filed court documents indicating that the state intends to seek the death penalty in the case.
Boswell will appear for a hearing on that motion in Saline County District Court on September 17 at 10:30 a.m.
She faces the charges murder in the first degree, a class 1 or class 1A felony, which carries a maximum penalty of life in prison (Class 1) or the death penalty (Class 1A); and improper disposal of human skeletal remains, a class IV felony, which carries up to 2 years in prison and a fine. He had previously waived his preliminary hearing and the case was bound over to district court.
Aubrey Trail, 51, is also charged in Loofe's murder. He is set to appear in court for a status hearing on August 20.